i e AT 2 of 1704 ACT OF SETTLEMENT (FURTHER PROVISIONS) ACT 1704

Transcription

1 i e AT 2 of 1704 ACT OF SETTLEMENT (FURTHER PROVISIONS) ACT 1704

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3 At of Settlement (Further Provisions) At 1704 Index i e ACT OF SETTLEMENT (FURTHER PROVISIONS) ACT 1704 Index Setion Page 1 Duties and Carriages payable to Lord All lettings for longer than 5 years by way of seurity to be deemed mortgages and to subjet Tenant to alienation fine. Unless Chanery adjudge otherwise Rent of Intaks taken out of Highways, to be paid by Quarterlands adjoining Intakholder et resisting this regulation, to be evited subjet to ompensation for improvements Complaints as to suh Intaks et to be made within 18 months Highways out of whih Intak is taken to be 18 feet broad and 8 [Repealed]... 7 ACCEPTANCE BY EARL DERBY 9 ENDNOTES 11 TABLE OF LEGISLATION HISTORY 11 TABLE OF RENUMBERED PROVISIONS 11 TABLE OF ENDNOTE REFERENCES 11 AT 2 of 1704 Page 3

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5 At of Settlement (Further Provisions) At 1704 Setion 1 i e ACT OF SETTLEMENT (FURTHER PROVISIONS) ACT 1704 Reeived Royal Assent: 6 June 1704 Passed: 6 June 1704 Commened: 6 June 1704 [Short title given by Pre-Revestment Written Laws (Asertainment) At 1978 Sh.] [Whole At onfirmed by Pre-Revestment Laws (Asertainment) At 1978 Sh.] GENERAL NOTE: Referenes to the Court of Chanery are to be onstrued in aordane with the High Court At 1991 Sh 4. Preamble Whereas by a Clause in the before-mentioned At of Settlement, the respetive Tennants and Inhabittants of the said Isle are obliged to pay (besides their Rents and Fines therein expressed and mentioned) all other Dues, Duties, and Carriages, as have been formerly austomed; and that the fixing and asertaining of the said Carriages is by the said At left to the Consideration of a Tynwald Court; 1 Duties and Carriages payable to Lord That the Tennants and Inhabittants of this Isle shall pay and do their Carriages to the Lord as formerly austomed; that is to say, four Carriages from every Quarter of Land, and one Carriage from every Cottage and Intakholder within the said Isle; and the same to be performed either by the Labour of Horses, or Servie of Men, as the Governor shall thing fitt to order, and hath been formerly austomed; and that these Carriages shall be taken for the Lord s Use as his Lordship or the Governor for the Time being shall think fit to employ them; and that no Tennant shall be exempt from doing of these Carriages but suh as have been already legally austomed to be freed thereof. AT 2 of 1704 Page 5

6 Setion 2 At of Settlement (Further Provisions) At All lettings for longer than 5 years by way of seurity to be deemed mortgages and to subjet Tenant to alienation fine. Unless Chanery adjudge otherwise. And whereas by another Clause in the afforesaid At of Settlement, all Persons who then had mortgaged, or should thereafter mortgage, all or any Part of Messuages, Lands, Tenements, Milns, Cottages, Intaks, or other Heridittaments, unto any person, and should not atually redeem the same to his own proper Use within the Spae of five Years next after the Commenement of the said Mortgage, should be looked upon as an alienation, and the Mortgagee admitted as Tennant to the same in suh Manner and on suh Terms as in and by the said Clause is fully mentioned and expressed: And forasmuh as it is oneived that severall fraudulent Bargains may be made for letting of Lands, Tenements, Milns, Cottages, Intaks, and other Heredittaments, for the Seurity of Money, under other Notions than that of Mortgage, to defraud our Honourable Lord of a Fine; be it therefore ordered, ordained, and enated by the Authority aforesaid, That all suh Bargaines as shall hereafter be made and given for the Seurity of any Sum of Money upon Lands, Tenements, Milns, Cottages, Intaks, and other Heridittaments as afforesaid, longer than for the Term of five Years, shall be delared and taken to be a Mortgage within the Intendment of the said At, unless the Court of Chanery within this Isle shall adjudge it otherwise, and that the Mortgagee shall be lyable to pay suh Fine for the same as in and by the said Clause inserted in the said At is mentioned and delared. 3 Rent of Intaks taken out of Highways, to be paid by Quarterlands adjoining And also whereas by another Clause in the said At of Settlement, it is mentioned and expressed that all Intaks and Cottages, as had been taken out of the Highways adjoining to the Quarterlands or other estates, but not belonging to the same, should not nor were not intended to be inluded in the said At of Settlement, but that suh Intaks and Cottages (being omplained of as great Nusanes) should be referred to the Consideration of a Tynwald Court to determine where the Rents and Fines of and for suh Intaks and Cottages might most onveniently be fixed; be it therefore hereby ordered, ordained, and enated by the Authority afforesaid, That the Rents and Fines of all suh Cottages and Intaks taken out of the Highway adjoining to any Quarterlands or other Estates, whether they belong to the Lord or Barrons, being taken to Rent in or sine the Year of our Lord one thousand six hundred and ten, are to be paid by those Farmers and Tennants, or other Persons unto whose Lands and Tenements those Cottages and Intaks do adjoin, and they to beome Tennants theneforward to the Lord for the said Cottages and Intaks; and that the said Tennants and Inhabittants dwelling in and possessing those Cottages and Intaks shall heneforward beome Subtennants to the said Farmers, Tennants, and others Persons, upon suh reasonable Terms as an be agreed upon betwixt them, or as shall be thought reasonable by the Court of Chanery of this Island: Page 6 AT 2 of 1704

7 At of Settlement (Further Provisions) At 1704 Setion 4 4 Intakholder et resisting this regulation, to be evited subjet to ompensation for improvements And if any suh Cottage or Intakholder do not submit to suh Terms as the Court shall order therein, then suh Cottage or Intakholder is to be ejeted out of the said Holding, and a Jury of four Men sworn to value what Improvements he has made on the same; whih said Value being approved of by the Court, the said Farmer, Tennant, or other Person, is to pay and reimburse unto the said Cottage or Intakholder, and thereupon to be immediately possessed of the same, and have liberty to dispose of the said Cottage and Intak to whom and to what uses he shall think fitting; 5 Complaints as to suh Intaks et to be made within 18 months Provided always, that suh Farmer, Tennant, or other Persons, unto whose Lands suh Cottages or Intaks adjoin, omplaining of suh to be a Nusane, shall be obliged to make the same appear to be so within eighteen Months next after the date hereof; otherwise and in Default thereof the said Cottage or Intakholder shall have and enjoy the same, on the like Terms that other Cottages and Intaks are held and enjoyed within this Isle by virtue of the said At of Settlement, without any disturbane of the said Farmer, Tennant, or other Person, at any Time after the said eighteen Months are determined and expired: 6 Highways out of whih Intak is taken to be 18 feet broad And it is likewise provided and delared, That all Highways, out of whih any Intaks or Cottages have been taken, that shall be found not to be eighteen Foot broad, aording as the Statute provides, shall be enlarged out of the said Intaks or ottages (when omplained of) at any Time hereafter, any Thing herein mentioned to the ontrary notwithstanding. 7 and 8 [Repealed] 1 AT 2 of 1704 Page 7

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9 At of Settlement (Further Provisions) At 1704 Aeptane by Earl Derby ACCEPTANCE BY EARL DERBY These four Ats relating to the Settlement 2 are likewise allowed of and onfirmed by me, and ordered to be in like manner published at the next Tynwald Court.* DERBY *[Published 6/6/1704] AT 2 of 1704 Page 9

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11 At of Settlement (Further Provisions) At 1704 Endnotes ENDNOTES Table of Legislation History Legislation Year and No Commenement Table of Renumbered Provisions Original Current Table of Endnote Referenes 1 Ss 7 and 8 repealed by Minerals At 1986 Sh 3. 2 I.e. an At touhing Carriages &; an At onerning alienations and mortgages; an At touhing intaks and ottages and an At onerning quarrys and delfs (si) aording to the promulgation ertifiate AT 2 of 1704 Page 11

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